Cayuga County Judge Thomas Leone ordered the extradition today of an Auburn Correctional Facility inmate convicted in the May 1971 killing of two New York City Police officers to answer charges accusing him of conspiring in the 1970s murder of a police officer inside a San Francisco police station.
Anthony Bottom, 55, had sought in a writ of habeas corpus petition to challenge the validity of a warrant signed by California Gov. Arnold Schwarzenegger.
He argued that he was imprisoned in a California jail at the time that the San Francisco policeman's murder was carried out.
"Is the court's intention to sign the governor's warrant if it is based on false information?" Bottom asked.
"Quite honestly, I agree with you. You weren't there but that's for Californian courts to decide," Leone said.
Leone said his role was strictly limited to determining if Bottom was in the state of California at the time of the commission of the crime, if he was the same person as the person named in the California papers and if the governor's warrant and its supporting papers were in order.
And all of those things were true, Leone said, even at the same time that Bottom had a credible defense to explore.
"I don't have authority to hear it; I can't hear it; and I won't hear it," Leone said.
Bottom and other suspects are accused of being part of a militant black power group that stormed a police station in the Ingleside section of San Francisco on Aug. 29, 1971, firing a shotgun blast that killed police Sgt. John V. Young, 51, and wounded a civilian clerk.
He argued that he was imprisoned in a California jail at the time that the San Francisco policeman's murder was carried out.
"Is the court's intention to sign the governor's warrant if it is based on false information?" Bottom asked.
"Quite honestly, I agree with you. You weren't there but that's for Californian courts to decide," Leone said.
Leone said his role was strictly limited to determining if Bottom was in the state of California at the time of the commission of the crime, if he was the same person as the person named in the California papers and if the governor's warrant and its supporting papers were in order.
And all of those things were true, Leone said, even at the same time that Bottom had a credible defense to explore.
"I don't have authority to hear it; I can't hear it; and I won't hear it," Leone said.
Bottom and other suspects are accused of being part of a militant black power group that stormed a police station in the Ingleside section of San Francisco on Aug. 29, 1971, firing a shotgun blast that killed police Sgt. John V. Young, 51, and wounded a civilian clerk.
Citizen
Hot Jobs
New! Off the Menu
The Citizens' Say
Post your comment - click hereThere are 1 comment(s)
classic wrote on Mar 22, 2007 1:37 PM: